Bill Text: CA AB1594 | 2013-2014 | Regular Session | Chaptered
Bill Title: Waste management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 719, Statutes of 2014. [AB1594 Detail]
Download: California-2013-AB1594-Chaptered.html
BILL NUMBER: AB 1594 CHAPTERED
BILL TEXT
CHAPTER 719
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY MAY 27, 2014
AMENDED IN ASSEMBLY MAY 7, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Williams
FEBRUARY 3, 2014
An act to amend Sections 40507 and 41781.3 of the Public Resources
Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1594, Williams. Waste management.
The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
establishes an integrated waste management program. The act requires
the department to file an annual report, on or before March 1 of each
year, with the Legislature, regarding the administration of the act
during the prior calendar year.
This bill would require the department to include in the annual
report, on or before March 1, 2015, a status update on the adequacy
of funding from the Integrated Waste Management Fund for programs
implemented pursuant to the act and pursuant to other specified
provisions regulating waste management facilities. The bill would
authorize the department to recommend alternative funding mechanisms
for the programs, as specified.
Existing law requires each city, county, and joint powers
authority formed under the act, referred to as a regional agency, to
develop a source reduction and recycling element of an integrated
waste management plan. The act requires the source reduction and
recycling element to divert from disposal 50% of all solid waste
subject to the element through source reduction, recycling, and
composting activities, with specified exceptions. Under the act, the
use of solid waste for beneficial reuse in the construction and
operation of a solid waste landfill, including the use of alternative
daily cover, constitutes diversion through recycling and is not
considered disposal.
This bill, commencing January 1, 2020, would provide that the use
of green material, as defined, as alternative daily cover does not
constitute diversion through recycling and would be considered
disposal for purposes of the act. The bill, commencing August 1,
2018, would require a local jurisdiction to include information in an
annual report on how the local jurisdiction intends to address these
diversion requirements and divert green material that is being used
as alternative daily cover. The bill would require a jurisdiction
that does not meet certain diversion requirements as a result of not
being able to claim diversion for the use of green material as
alternative daily cover to identify and address, in an annual report,
barriers to recycling green material and, if sufficient capacity at
facilities that recycle green material is not expected to be
operational before a certain date, to include a plan to address those
barriers. The bill would impose a state-mandated local program by
imposing new duties upon local agencies with regard to the diversion
of solid waste.
Existing law requires the operator of a disposal facility to pay a
quarterly fee based on the amount of solid waste disposed of at each
disposal site.
This bill would provide that, commencing January 1, 2020, green
material used as alternative daily cover at a solid waste landfill is
not subject to this fee.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40507 of the Public Resources Code is amended
to read:
40507. (a) (1) On or before March 1 of each year, the department
shall file an annual report with the Legislature highlighting
significant programs or actions undertaken by the department to
implement programs pursuant to this division during the prior
calendar year. The report shall include, but is not limited to, the
information described in subdivision (b).
(2) On or before March 1, 2015, the department shall provide in
the annual report required pursuant to paragraph (1) a status update
on the adequacy of funding from the Integrated Waste Management Fund
for programs implemented pursuant to this division or Division 31
(commencing with Section 50000), including the adequacy of funding
for the oversight of solid waste that is accepted at a disposal
facility and is not subject to the fee imposed pursuant to Section
48000. In its report, the department may recommend alternative
funding mechanisms for the programs that would achieve the
requirements and policy goals of this division and Division 31
(commencing with Section 50000), including the statewide recycling
goal of 75 percent pursuant to Section 41780.01.
(b) The department shall file annual progress reports with the
Legislature covering the activities and actions undertaken by the
department in the prior fiscal year. The department shall prepare,
and may electronically file with the Legislature, the progress
reports throughout the calendar year, as determined by the
department, on the following programs:
(1) The local enforcement agency program.
(2) The research and development program.
(3) The public education program.
(4) The market development program.
(5) The used oil program.
(6) The planning and local assistance program.
(7) The site cleanup program.
(c) The progress report shall specifically include, but is not
limited to, all of the following information:
(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
(C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
(A) A review of actions taken by the department to educate and
inform individuals and public and private sector entities who
generate solid waste on the importance of source reduction,
recycling, and composting of solid waste, and recommendations for
administrative or legislative actions that will inform and educate
these parties.
(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Part 4 (commencing with Section 71300) of Division 34,
including recommendations on administrative and legislative changes
that will improve the program.
(E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
(A) A review of market development strategies undertaken by the
board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions that will
promote expansion of those markets. The recommendations shall
include, but not be limited to, all of the following:
(i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.
(ii) Recommendations for actions that can be taken to assist local
governments in the inclusion of recycling activities in county
overall economic development plans.
(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
(iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
(B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.
(C) A report on the Recycling Market Development Zone Loan Program
conducted pursuant to Article 3 (commencing with Section 42010) of
Chapter 1 of Part 3.
(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
(E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2
(commencing with Section 42005) of Chapter 1 of Part 3.
(F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42415 to determine
if tire retreads, procured by the Department of General Services,
have met all quality and performance criteria of a new tire,
including any recommendations to expand, revise, or curtail the
program.
(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of Section 12162 of the Public Contract Code.
(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
(A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
(A) The development by the department of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912, including
its effectiveness in assisting local agencies.
(B) The adoption by the department of a program to provide
assistance to cities, counties, or regional agencies in the
development and implementation of source reduction programs pursuant
to subdivision (c) of Section 40912.
(C) The development by the department of model programs and
materials to assist rural counties and cities in preparing city and
county source reduction and recycling elements pursuant to Section
41787.3.
(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and
cities will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:
(i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.
(ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.
(F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
(7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.
SEC. 2. Section 41781.3 of the Public Resources Code is amended to
read:
41781.3. (a) (1) Except as provided in paragraph (2), the use of
solid waste for beneficial reuse in the construction and operation of
a solid waste landfill, including use of alternative daily cover,
which reduces or eliminates the amount of solid waste being disposed
pursuant to Section 40124, shall constitute diversion through
recycling and shall not be considered disposal for purposes of this
division.
(2) (A) Commencing January 1, 2020, the use of green material as
alternative daily cover does not constitute diversion through
recycling and shall be considered disposal for purposes of this
division.
(B) Commencing January 1, 2020, a local jurisdiction that, as a
result of not being able to claim diversion for the use of green
material as alternative daily cover, does not meet the requirements
of Section 41780 shall, in the next annual report required pursuant
to Section 41821, identify and address barriers to recycling green
material and, if sufficient capacity at facilities that recycle green
material is not expected to be operational before the jurisdiction's
next review pursuant to Section 41825, include a plan to address
those barriers that are within the control of the local jurisdiction.
(C) Commencing January 1, 2020, green material used as alternative
daily cover at a solid waste landfill is not subject to the fee
imposed on disposed solid waste pursuant to Section 48000.
(3) Commencing August 1, 2018, a local jurisdiction shall include
in the electronic annual report required pursuant to Section 41821
information on how the local jurisdiction intends to address the
requirements of subparagraph (A) of paragraph (2) and divert green
material that is being used as alternative daily cover.
(b) Before December 31, 1997, pursuant to the department's
authority to adopt rules and regulations pursuant to Section 40502,
the department shall, by regulation, establish conditions for the use
of alternative daily cover that are consistent with this division.
In adopting the regulations, the department shall consider, but is
not limited to consideration of, all of the following criteria:
(1) Those conditions established in past policies adopted by the
department affecting the use of alternative daily cover.
(2) Those conditions necessary to provide for the continued
economic development, economic viability, and employment
opportunities provided by the composting industry in the state.
(3) Those performance standards and limitations on maximum
functional thickness necessary to ensure protection of public health
and safety consistent with state minimum standards.
(c) Until the adoption of additional regulations, the use of
alternative daily cover shall be governed by the conditions
established by the department in its existing regulations set forth
in paragraph (3) of subdivision (b) of, and paragraph (3) of
subdivision (c) of, Section 18813 of Title 14 of the California Code
of Regulations, as those sections read on January 1, 1997, and by the
conditions established in the department's policy adopted on January
25, 1995.
(d) In adopting rules and regulations pursuant to this division,
including, but not limited to, Part 2 (commencing with Section
40900), the department shall provide guidance to local enforcement
agencies on any conditions and restrictions on the utilization of
alternative daily cover so as to ensure proper enforcement of those
rules and regulations.
(e) Nothing in this section modifies, limits, or abrogates the
authority of a local jurisdiction with respect to land use, zoning,
or facility siting decisions within that local jurisdiction.
(f) For purposes of this section, "green material" has the same
meaning as "processed green material," as defined in subdivision (b)
of Section 20690 of Title 27 of the California Code of Regulations.
The term does not include materials left over from the composting
process, materials left over after the material recovery process,
commonly referred to as "fines," or processed construction and
demolition waste materials.
(g) For purposes of this section, "processed construction and
demolition waste material" has the same meaning as defined in
subdivision (b) of Section 20690 of Title 27 of the California Code
of Regulations.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
